Monteverdi v. French Realty Corp.

Appellate Division of the Supreme Court of New York

Monteverdi v. French Realty Corp.

273 A.D. 822, 76 N.Y.S.2d 244, 1948 N.Y. App. Div. LEXIS 4795

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 26, 1948

StatusPublished

This text of 273 A.D. 822 (Monteverdi v. French Realty Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Monteverdi v. French Realty Corp., 273 A.D. 822, 76 N.Y.S.2d 244, 1948 N.Y. App. Div. LEXIS 4795 (N.Y. Ct. App. 1948).

Pincite

Opinion

In this action to recover damages for wrongful death, caused by the alleged negligence of defendants in directing decedent to a place of danger, as the result of which he was burned to death, plaintiff appeals from so much of an order granting an examination of defendants before trial as denies item 6 of the [823]*823notice .of motion for such examination. Order modified on the law and the facts by granting an examination as to item 6 of the notice of motion. As so modified, the order is affirmed, with $10 costs and disbursements to appellant, the examination to proceed on five days’ notice. The denial of the item granted by this determination was an improvident exercise of discretion. (Fried v„ Garden State Tanning, Inc., 272 App. Div. 939; Boyce V. Ziegfeld, 224 App. Div. 651; Foley v. Long Island B. B. Co., 242 App. Div. 780.) Lewis, P. J., Carswell, Johnston, Adel and Wenzel, JJ., concur.

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In this action to recover damages for wrongful death, caused by the alleged negligence of defendants in directing decedent to a place of danger, as the result of which he was burned to death, plaintiff appeals from so much of an order granting an examination of defendants before trial as denies item 6 of the [823]*823notice .of motion for such examination. Order modified on the law and the facts by granting an examination as to item 6 of the notice of motion. As so modified, the order is affirmed, with $10 costs and disbursements to appellant, the examination to proceed on five days’ notice. The denial of the item granted by this determination was an improvident exercise of discretion. (Fried v„ Garden State Tanning, Inc., 272 App. Div. 939; Boyce V. Ziegfeld, 224 App. Div. 651; Foley v. Long Island B. B. Co., 242 App. Div. 780.) Lewis, P. J., Carswell, Johnston, Adel and Wenzel, JJ., concur.

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Bluebook (online)

273 A.D. 822, 76 N.Y.S.2d 244, 1948 N.Y. App. Div. LEXIS 4795, Counsel Stack Legal Research, https://law.counselstack.com/opinion/monteverdi-v-french-realty-corp-nyappdiv-1948.

Opinion

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